What Happens If You Die Without a Will in Illinois?

 Posted on August 15, 2024 in Estate Planning

Many people mistakenly believe that they do not need a will or that estate planning is unnecessary. Whether due to a younger age, few assets, or thinking, "There will be time for that later," the lack of a will can have many consequences for your surviving family, especially if you have minor children.

Whether you need to create or update a will or estate plan, the skilled estate planning lawyers from Lucas Law can help.

What Does "Dying Intestate" Mean?

This legal term refers to someone dying without a will in place that designates beneficiaries, division of assets, and guardianship for minor children. If this happens, the State of Illinois has laws that govern who can get your assets and how they are distributed. Various potential situations are addressed in these laws to cover things like:

• Being married or unmarried

• Having or not having biological children

• Parents, siblings, and grandparents

• No known relatives

If the State cannot locate blood relatives, your assets may be transferred to the State of Illinois.

Why is Having a Will So Important?

You may have a plan that details how you want your assets divided after your death. Your plan may be to leave significant assets to your best friend and nothing to your estranged sibling. You could be separated from your spouse but still legally married. You might have chosen who you want to care for your children if the other biological parent is unfit or deceased. Plans are great, but they have no legal weight unless you have a valid will.

What does all that mean for you and your survivors? Having your wishes followed may be vitally important to you. You may know something about a close relative that makes him unsuitable as a guardian for your minor child. Maybe you have a long-term illness, and only one family member has assisted you.

By not creating a will, you are giving the State permission to follow its own rules rather than your wishes. The distribution of your estate and guardianship of your children may be totally opposite of what you wanted. Close friends are not recognized as eligible heirs, so they would not receive any portion of your assets.

Without stating your wishes in a will, your heirs may argue amongst themselves. These conflicts may result in a liquidation of your assets, with the proceeds divided according to state laws.

What Can You Do If You Do Not Have a Will?

An experienced estate planning lawyer from Lucas Law can help you draft a will to protect your wishes. You should update your will after major life events, such as buying or selling a home, having a child, and getting married or divorced. It is also a good idea to review your will and estate plan regularly, as laws may change or you may have forgotten to include something.

Contact Our Skilled Barrington, IL Will Lawyers Today

Drafting a will is not something you should put off. Lucas Law has decades of experience assisting with wills and other estate-planning needs. Call us at 847-381-8700 to speak with one of our Cook County, IL estate planning attorneys today.